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2018 Georgia Code 21-2-235 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-235 Case Law from Google Scholar Amendments to OCGA 21-2-235

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 6 REGISTRATION OF VOTERS

21-2-235. Inactive list of electors.

  1. In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid and regardless of the validity of the petition as a whole, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records.
  2. An elector placed on the inactive list of electors shall remain on such list until the day after the second November general election held after the elector is placed on the inactive list of electors. If the elector makes no contact, as defined in Code Section 21-2-234, during that period, the elector shall be removed from the inactive list of electors.
  3. An elector whose name is on the inactive list of electors may vote:
    1. If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records;
    2. If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or
    3. If the elector has moved to an address within the county or municipality in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elector still resides in the county or municipality and completing a change of address card affirming the new address within the county or municipality.
  4. If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records.
  5. In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors.

(Code 1981, §21-2-235, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1; Ga. L. 1997, p. 649, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 24; Ga. L. 2010, p. 914, § 13/HB 540.)

The 2010 amendment, effective July 1, 2010, inserted "and regardless of the validity of the petition as a whole" in the middle of the last sentence of subsection (a).

Cross references.

- Opening of public records to inspection by members of public generally, § 50-18-70.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, §§ 34-633 and 34-1101 and Code Section 21-2-242 are included in the annotations for this Code section.

Board of registrars could sell surplus voters' lists. 1971 Op. Att'y Gen. No. U71-140 (decided under former Code 1933, §§ 34-633 and 34-1101 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Access to information on electors.

- The names, addresses, and ZIP codes of electors must be furnished upon request for the fees set forth in former § 21-2-234. Any additional identifying information as may be collected and maintained must be made available for inspection and copying and a reasonable fee may be charged for expenses incurred or copies furnished. 1984 Op. Att'y Gen. No. 84-39 (decided under former Code Section21-2-242 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Disclosure under Open Records Act.

- Construing former § 21-2-242 with former §§ 21-2-217(a) and21-2-234, and § 50-18-70 et seq., registration cards were subject to disclosure in accordance with the provisions of the Open Records Act, O.C.G.A. § 50-14-1 et seq. However, in accordance with the federal Privacy Act of 1974, Section 7(b) (5 U.S.C. § 552a note), if a registrar is going to require disclosure of a social security number on a voter registration card, the individual registering to vote had to be informed as to whether the disclosure was mandatory or voluntary, under what statutory authority the disclosure was requested, and the uses to which the disclosure was to be put. 1990 Op. Att'y Gen. No. 90-5 (decided under former Code Section21-2-242 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Elections, § 72.

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